[Congressional Record Volume 154, Number 9 (Tuesday, January 22, 2008)]
[Senate]
[Pages S96-S97]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON:
  S. 2536. A bill to amend title 38, United States Code, to prohibit 
the

[[Page S97]]

Secretary of Veterans Affairs from collecting certain debts to the 
United States in the case of veterans who die as a result of a service-
connected disability incurred or aggravated on active duty in a combat 
zone, and for other purposes; to the Committee on Veterans' Affairs.
  Mrs. HUTCHISON. Mr. President, I rise to speak on a bill I filed 
today, the Combat Veterans Debt Elimination Act of 2008. This bill 
requires the Secretary of the Department of Veterans Affairs to forgive 
certain debts by our service members who have already paid the ultimate 
price in combat. This bill is about honoring our fallen heroes by 
treating the families they left behind with dignity, and by showing 
them we truly mean it when we tell them our Nation is grateful.
  If a member of our Armed Forces is killed and owes the Department of 
Veterans Affairs any outstanding debts, the Secretary of VA is required 
by law to notify the deceased family of the debt. I am appalled at 
this. I am saddened. If a service member is killed in combat, his or 
her family has already paid enough. I cannot think of anything more 
insulting than to tell a family who has just lost a loved one that they 
owe a couple of hundred dollars to the Government. I for one will not 
stand for this.
  Let me explain the scope of this problem to illustrate how simple it 
should be to fix. There are 22 service members who were killed in 
combat fighting in Iraq and Afghanistan who have debts to the VA. If 
you combined the debts of those 22 service members, the total amount of 
their debt would come to $56,366. In most cases the service member's 
debt came in the form of educational benefit payments so they could go 
to college. During their enrollment at school, they were called into 
service, and they were killed. Later on, the VA was forced to contact 
the families of the deceased and notify them of those outstanding 
debts. How tragic is this?
  Three of the 22 cases occurred in my home State of Texas, which is 
more than any other State. One fallen hero, a brave young man from 
Raymondville, TX, joined the Army in 1997, right out of high school 
where he was both an academic star, and an athletic star. He had been 
accepted to a prestigious university, but put service to his country 
first. He was on his 3rd tour in Iraq when he was killed by a sniper's 
bullet. When he died, he owed the Government $389 in education 
assistance payments. The Secretary of VA was required by law to contact 
that family and ask for $389. I cannot imagine a more insensitive 
requirement. The family paid this debt in full because they believed it 
was the right thing to do. But did we do the right thing? I regret to 
say we did not. I am embarrassed that this happened and I beseech my 
colleagues to fix this problem today.
  A second case involved an Army Sergeant from Missouri City, TX. After 
serving in the Marine Corps for a number of years, this young man 
enlisted in the Army. After high school he attended 2 different 
colleges utilizing VA education benefits. When he was deployed, he 
dropped out of school to serve his country. He served one tour in 
Afghanistan and was on his 2nd tour in Iraq when he was killed by a 
bomb explosion. Because he had dropped out of school, the deceased owed 
the VA $2,282. He is survived by a wife and 4 children. The family paid 
the VA because they also believed it was the right thing to do.
  The third Texas case involved a Marine reservist. He graduated from 
Texas A&M University and intended to be a cardiovascular surgeon. He 
had received education assistance to go to the University. He was also 
killed in an explosion in Iraq. He was married and had 2 small 
children. Two days before his death the VA sent him a letter saying he 
owed $845.
  This is not a bill that should in any way fall into politics. This 
bill should be passed quickly on a bipartisan basis. There are cases 
just like the ones I mentioned in Wisconsin, North Carolina, Illinois, 
Iowa, Connecticut, Nebraska, Colorado, Michigan, Washington, 
California, New York, Kentucky, Georgia and South Carolina. It is clear 
our entire Nation is affected and we have to do something now.
  I know bills are usually referred to the committee of jurisdiction 
for review. I have served in this distinguished body for 15 years. But 
I am convinced this is a special case, and so I am here today asking 
the distinguished Majority and Minority Leaders to bring this bill to 
the floor before another family suffers the indignity of the current 
law. The VA has no choice but to follow the law, but we, here in 
Congress, have the power to change it. We can and should correct this 
requirement and honor the memories and the families of our fallen 
heroes.
  I am calling on all of my colleagues to right this wrong immediately. 
We cannot let this law stand another day. Our soldiers and their 
families deserve better. Every day is crucial to passing this 
legislation and I ask my colleagues to join with me in this endeavor.
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